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Bovines and Bovine Products (Trade) Regulations (Northern Ireland) 1998

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Powers to stop and search vehicles and vessels and detain goods

10.—(1) At any time while a vehicle is—

(a)within the limits of or entering or leaving a port, or any land adjacent to a port which is occupied wholly or mainly for the purposes of activities carried on at the port;

(b)at, or entering or leaving an aerodrome;

(c)at, or entering or leaving an approved wharf, transit shed, customs warehouse or free zone; or

(d)in the vicinity of an international border,

an officer or an inspector may, for the purposes of the enforcement of these Regulations, stop and search the vehicle.

(2) A person in control of any vehicle shall stop it when required to do so under paragraph (1).

(3) Where an officer or an inspector has reasonable grounds to suspect that any vehicle or vessel (whether or not in a place referred to in paragraph (1)) is or may be carrying a consignment of any goods which are—

(a)described in regulation 3(1) to (3) or 5(4) or (5);

(b)eligible goods;

(c)relevant goods;

(d)controlled bovine by-products; or

(e)materials described in regulation 5(3),

and which he reasonably suspects may be illegal, he may search that vehicle or vessel.

(4) Where an officer or an inspector has stopped and searched a vehicle under paragraph (1), or has searched a vehicle or vessel under paragraph (3), he may detain for not more than three working days any goods referred to in paragraph (3) found in the vehicle or vessel and which he reasonably suspects may be illegal.

(5) Any goods detained under this regulation shall be dealt with during the period of their detention in such manner as the person seizing or detaining them may direct.

(6) For the purposes of this regulation, goods are “illegal” if—

(a)they are falsely described on their packaging, wrapping, label or any container in which they are placed, or in any health certificate or documentation accompanying them;

(b)in the case of any goods described in regulation 3(1) to (3) or 5(4) or (5), they were being brought or consigned for despatch in contravention of those provisions;

(c)in the case of eligible goods, they were produced or despatched in contravention of regulation 3(7);

(d)in the case of relevant goods, they were produced or despatched in contravention of regulation 3(8);

(e)in the case of controlled bovine by-products, they were produced in contravention of regulation 4(1); or

(f)in the case of materials described in regulation 5(3), the goods were not in an impervious container clearly labelled in accordance with that regulation.

(7) For the purposes of paragraph (1) a “port”, an “aerodrome”, an “approved wharf”, “transit shed”, “customs warehouse” and “free zone” have the meaning respectively consigned to them in the Customs and Excise Management Act 1979(1).

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